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Torts keyed to Robertson
Patterson v. Blair
Citation:
Supreme Court of Kentucky, 2005. 172 S.W.3d 361.Facts
The Plaintiff, Patterson, entered into an agreement with Courtesy Autoplex to trade his Camero for a new 1995 GMC Jimmy truck. At the time of the trade, the Plaintiff owed $12,402.82 on the Camero. However, he incorrectly informed Courtesy that he only owed $9,500.000 on the car. When notified of this discrepancy, the Plaintiff refused to pay the additional sum and refused to return the Jimmy. Courtesy then tried unsuccessfully to repossess the truck two times.
After investigating where he could find the Plaintiff, the Defendant, Blair, and an another employee from Courtesy encountered the Plaintiff who was driving the Jimmy on a public road. At a stoplight, the Defendant got out of his car and knocked on the driver’s side window of the Jimmy. He demanded that the Plaintiff get out of the vehicle and when the Plaintiff refused, the Defendant drew a gun he was carrying and fired two shots in the front tire and two in the rear tire of the Jimmy. Later, the disabled truck was impounded and returned to Courtesy by police.
Courtesy obtained a judgement against the Plaintiff for the Jimmy’s loss in value. Citizens Bank, the bank what financed the Camero that had been a traded-in also obtained a judgement against the Plaintiff for the remaining amount owed on its loan. The Defendant was criminally prosecuted and was convicted of a felony.
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Topic Resources
Topic Outline
DamagesTopic Refresher Courses
Negligence: Breach Negligence: Duty Negligence: Joint Tortfeasors, Identification and Contribution